Terms of Service
Terms and Conditions
Last updated: July 28, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
* Affiliate means an entity that controls, is controlled by or is under
common control with a party, where "control" means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority.
* Account means a unique account created for You to access our Service or
parts of our Service.
* Country refers to: Arizona, United States
* Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Fostering Health and Wellness LLC, 9906 E Monte
Cristo Avenue Scottsdale, AZ 85260.
* Content refers to content such as text, images, or other information that
can be posted, uploaded, linked to or otherwise made available by You,
regardless of the form of that content.
* Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
* Feedback means feedback, innovations or suggestions sent by You regarding
the attributes, performance or features of our Service.
* Free Trial refers to a limited period of time that may be free when
purchasing a Subscription.
* Goods refer to the items offered for sale on the Service.
* Orders mean a request by You to purchase Goods from Us.
* Service refers to the Website.
* Subscriptions refer to the services or access to the Service offered on a
subscription basis by the Company to You.
* Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service.
* Third-party Social Media Service means any services or content (including
data, information, products or services) provided by a third-party that
may be displayed, included or made available by the Service.
* Website refers to Fostering Health and Wellness, accessible from
* You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.
You represent that you are over the age of 18. The Company does not permit
those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and
tells You about Your privacy rights and how the law protects You. Please read
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are
legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be
asked to supply certain information relevant to Your Order including, without
limitation, Your name, Your email, Your phone number, Your credit card number,
the expiration date of Your credit card, Your billing address, and Your
You represent and warrant that: (i) You have the legal right to use any credit
or debit card(s) or other payment method(s) in connection with any Order; and
that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the
information to payment processing third parties for purposes of facilitating
the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain
reasons including but not limited to:
* Goods availability
* Errors in the description or prices for Goods
* Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an
unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and
Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our
Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the
same condition as You received them. You should also include all of the
products instructions, documents and wrappings. Goods that are damaged or not
in the same condition as You received them or which are worn simply beyond
opening the original packaging will not be refunded. You should therefore take
reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive
the returned Goods. We will use the same means of payment as You used for the
Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the
* The supply of Goods made to Your specifications or clearly personalized.
* The supply of Goods which according to their nature are not suitable to be
returned, deteriorate rapidly or where the date of expiry is over.
* The supply of Goods which are not suitable for return due to health
protection or hygiene reasons and were unsealed after delivery.
* The supply of Goods which are, after delivery, according to their nature,
inseparably mixed with other items.
* The supply of digital content which is not supplied on a tangible medium
if the performance has begun with Your prior express consent and You have
acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods
available on Our Service may be mispriced, described inaccurately, or
unavailable, and We may experience delays in updating information regarding
our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability,
and services. We reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to
accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an
Order in the event of any occurrence affecting delivery caused by government
action, variation in customs duties, increased shipping charges, higher
foreign exchange costs and any other matter beyond the control of the Company.
In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made
through various payment methods we have available, such as Visa, MasterCard,
Affinity Card, American Express cards or online payment methods (PayPal, for
Payment cards (credit cards or debit cards) are subject to validation checks
and authorization by Your card issuer. If we do not receive the required
authorization, We will not be liable for any delay or non-delivery of Your
The Service or some parts of the Service are available only with a paid
Subscription. You will be billed in advance on a recurring and periodic basis
(such as daily, weekly, monthly or annually), depending on the type of
Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under
the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings
page or by contacting the Company. You will not receive a refund for the fees
You already paid for Your current Subscription period and You will be able to
access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information
including full name, address, state, zip code, telephone number, and a valid
payment method information.
Should automatic billing fail to occur for any reason, the Company will issue
an electronic invoice indicating that you must proceed manually, within a
certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the
Subscription fees. Any Subscription fee change will become effective at the
end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in
Subscription fees to give You an opportunity to terminate Your Subscription
before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on
a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a Subscription with a Free
Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for
the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You
will not be charged by the Company until the Free Trial has expired. On the
last day of the Free Trial period, unless You cancelled Your Subscription, You
will be automatically charged the applicable Subscription fees for the type of
Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify
the terms and conditions of the Free Trial offer, or (ii) cancel such Free
When You create an account with Us, You must provide Us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of Your account
on Our Service.
You are responsible for safeguarding the password that You use to access the
Service and for any activities or actions under Your password, whether Your
password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use
of Your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than You without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content
that You post to the Service, including its legality, reliability, and
By posting Content to the Service, You grant Us the right and license to use,
modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through the Service. You retain any and all of Your rights to
any Content You submit, post or display on or through the Service and You are
responsible for protecting those rights. You agree that this license includes
the right for Us to make Your Content available to other users of the Service,
who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You
have the right to use it and grant Us the rights and license as provided in
these Terms, and (ii) the posting of Your Content on or through the Service
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person.
The Company is not responsible for the content of the Service's users. You
expressly understand and agree that You are solely responsible for the Content
and for all activity that occurs under your account, whether done so by You or
any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting,
intended to disgust, threatening, libelous, defamatory, obscene or otherwise
objectionable. Examples of such objectionable Content include, but are not
limited to, the following:
* Unlawful or promoting unlawful activity.
* Defamatory, discriminatory, or mean-spirited content, including references
or commentary about religion, race, sexual orientation, gender,
national/ethnic origin, or other targeted groups.
* Spam, machine – or randomly – generated, constituting unauthorized or
unsolicited advertising, chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling.
* Containing or installing any viruses, worms, malware, trojan horses, or
other content that is designed or intended to disrupt, damage, or limit
the functioning of any software, hardware or telecommunications equipment
or to damage or obtain unauthorized access to any data or other
information of a third person.
* Infringing on any proprietary rights of any party, including patent,
trademark, trade secret, copyright, right of publicity or other rights.
* Impersonating any person or entity including the Company and its employees
* Violating the privacy of any third person.
* False information and features.
The Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content is appropriate and complies
with this Terms, refuse or remove this Content. The Company further reserves
the right to make formatting and edits and change the manner of any Content.
The Company can also limit or revoke the use of the Service if You post such
objectionable Content. As the Company cannot control all content posted by
users and/or third parties on the Service, you agree to use the Service at
your own risk. You understand that by using the Service You may be exposed to
content that You may find offensive, indecent, incorrect or objectionable, and
You agree that under no circumstances will the Company be liable in any way
for any content, including any errors or omissions in any content, or any loss
or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company does not
guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content
that is corrupted prior to being backed up or that changes during the time a
backup is performed.
The Company will provide support and attempt to troubleshoot any known or
discovered issues that may affect the backups of Content. But You acknowledge
that the Company has no liability related to the integrity of Content or the
failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a
location independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to
respond to any claim that Content posted on the Service infringes a copyright
or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe
that the copyrighted work has been copied in a way that constitutes copyright
infringement that is taking place through the Service, You must submit Your
notice in writing to the attention of our copyright agent via email at
[email protected] and include in Your notice a detailed
description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees)
for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act
(DMCA) by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
* An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright's interest.
* A description of the copyrighted work that You claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work.
* Identification of the URL or other specific location on the Service where
the material that You claim is infringing is located.
* Your address, telephone number, and email address.
* A statement by You that You have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law.
* A statement by You, made under penalty of perjury, that the above
information in Your notice is accurate and that You are the copyright
owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at
[email protected] Upon receipt of a notification, the
Company will take whatever action, in its sole discretion, it deems
appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or
other users), features and functionality are and will remain the exclusive
property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the
Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product
or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the
Company. If for any reason such assignment is ineffective, You agree to grant
the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide
right and license to use, reproduce, disclose, sub-license, distribute, modify
and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You
wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven't purchased
anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-
party hardware used with the Service, or otherwise in connection with any
provision of this Terms), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its
Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party's liability
will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults
and defects without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may also
be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial
Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a "terrorist supporting" country, and (ii)
You are not listed on any United States government list of prohibited or
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under these Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any
These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
If you have any questions about these Terms and Conditions, You can contact
* By visiting this page on our website: